RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 March 2007
      DOCKET NUMBER:  AR20060012994


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Gerard W. Schwartz            |     |Acting Director      |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Larry W. Racster              |     |Member               |
|     |Mr. Rodney E. Barber              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his date of rank (DOR) be adjusted to 28
October 2005 from 14 December 2005.

2.  The applicant states that his DOR should reflect the date he graduated
from the Warrant Officer Basic Course (WOBC) as authorized per National
Guard Regulation (NGR) 600-101, paragraphs 2-10c(2), 9-10b, and 9-15b(6).
After completing WOBC, he was eligible for immediate promotion to Chef
Warrant Officer Two (CW2) in accordance with these regulatory references.
This action could have been accomplished without further Federal
Recognition Board action if the required statement had been included on his
initial National Guard Bureau (NGB) Form  89 (Proceeding of a Federal
Recognition Examining Board), which was completed upon his examination for
appointment as a WO candidate.

3.  The applicant provides his Master Sergeant (MSG), E-8 promotion orders;
his First Sergeant, E-8 lateral appointment orders; his WOBC DA Form 1059
(Service School Academic Evaluation Report); and NGB Special Orders Number
11 AR dated 18 January 2006.

CONSIDERATION OF EVIDENCE:

1.  After having had prior enlisted service in the Regular Army and the U.
S.  Army Reserve (USAR), the applicant enlisted in the Army National Guard
(ARNG) on 7 December 1986.  He was promoted to MSG, E-8 on 1 December 2001.
 He was laterally appointed to First Sergeant, E-8 the same date.

2.  On 6 March 2004, a Federal Recognition Board found the applicant to be
qualified for Federal Recognition as a Warrant Officer One (WO1).

3.  On 8 October 2004, the applicant completed Warrant Officer Candidate
School (WOCS).

4.  Effective 3 January 2005, the applicant was discharged from the ARNG in
the rank of First Sergeant, E-8.  He was appointed a WO1 in the USAR and in
the ARNG effective 4 January 2005.

5.  On 28 October 2005, the applicant completed WOBC.  On 14 December 2005,
a Federal Recognition Board found him to be qualified for Federal
Recognition as a CW2.

6.  NGB Special Orders Number 8 AR dated 12 January 2006 granted the
applicant Federal Recognition as a WO1 effective 28 October 2005.

7.  NGB Special Orders Number 11 AR dated 18 January 2006 granted the
applicant Federal Recognition as a CW2 effective 14 December 2005.

8.  NGR 600-101 (Warrant Officers – Federal Recognition and Related
Personnel Actions), paragraph 2-10c(2) states MSG, E-8 through Command
Sergeant Major, E-9 Soldiers who are eligible for military occupational
specialty (MOS) training may be promoted to CW2 after completion of WOCS
and WOBC.

9.  NGR 600-101, paragraph 9-15b(6) states in the case of an applicant
being found qualified for Federal Recognition as a CW2 in accordance with
paragraph 2-10c(2), except for the successful completion of WOCS and
Department of the Army MOS certification (i.e., completion of WOBC), the
following statement will be entered on the NGB Form 89:

            “The applicant is qualified for appointment as a warrant officer
      in the Army National Guard and is extended temporary Federal
      recognition as a Warrant Officer, W1, as provided by NGR 600-101, to
      be effective from the date of successful completion of WOCS.  The
      applicant is promotable to the grade of Chief Warrant Officer, W2, to
      be effective from the date of the Department of the Army MOS
      certification without further Federal Recognition Board Action.”

DISCUSSION AND CONCLUSIONS:

1.  In accordance with NGR 600-101, paragraph 2-10c(2), the applicant was
eligible for promotion to CW2 upon completing WOBC on 28 October 2005.  He
was granted Federal Recognition as a CW2 effective 14 December 2005.

2.  However, the administrative error of failing to enter the statement on
his NGB Form 89, “…is promotable to the grade of Chief Warrant Officer, W2,
to be effective from the date of the Department of the Army MSO
certification without further Federal Recognition Board Action” should not
be held against him.  It would be equitable to show he was promoted to CW2
with a DOR and effective date of 28 October 2005.

BOARD VOTE:

__mkp__  __lwr___  __reb___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
State Army National Guard records and the Department of the Army records of
the individual concerned be corrected by:

     a.  amending his NGB Form 89 dated 6 March 2004 to add the statement:

            “The applicant is qualified for appointment as a warrant officer
      in the Army National Guard and is extended temporary Federal
      recognition as a Warrant Officer, W1, as provided by NGR 600-101, to
      be effective from the date of successful completion of WOCS.  The
      applicant is promotable to the grade of Chief Warrant Officer, W2, to
      be effective from the date of the Department of the Army MOS
      certification without further Federal Recognition Board Action”; and

     b.  showing he was promoted to Chief Warrant Officer Two with a date
of rank and effective date of 28 October 2005.




                                  _Margaret K. Patterson
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060012994                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070315                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |125.02                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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